BILL NUMBER: AB 1881	CHAPTERED  09/07/00

	CHAPTER   324
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 5, 2000
	PASSED THE ASSEMBLY   AUGUST 22, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 13, 2000
	AMENDED IN SENATE   MAY 17, 2000
	AMENDED IN ASSEMBLY   MAY 1, 2000
	AMENDED IN ASSEMBLY   MARCH 30, 2000
	AMENDED IN ASSEMBLY   MARCH 23, 2000

INTRODUCED BY   Assembly Member Gallegos

                        FEBRUARY 10, 2000

   An act to amend Sections 1600.5, 1607, and 2972 of, and to add
Section 2972.1 to, the Penal Code, relating to mentally disordered
offenders.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1881, Gallegos.  Mentally disordered offenders.
   (1) Existing law authorizes the placement on outpatient status of
persons convicted of a crime and committed to a state hospital or
other treatment facility under specified provisions of law.  Time
spent on outpatient status pursuant to these provisions is not
counted as actual custody and is not credited toward the person's
maximum term of imprisonment.
   (2) Existing law also requires the community program director of
the treatment facility where a person is committed for treatment, to
submit to the medical director of a state hospital and to the court,
when appropriate, the opinion of the outpatient supervisor that a
committed person has regained competence as specified.
   This bill would include persons committed to a treatment facility
as a mentally disordered prisoner as specified in the above 2
provisions.
   (3) Existing law authorizes as a condition of parole, the
treatment of a prisoner who has a severe mental disorder, as defined,
that is not in remission, as defined, or cannot be kept in remission
without treatment. Treatment includes inpatient and outpatient
status.
   This bill would provide that outpatient status be for a period not
to exceed one year and would establish a procedure, after notice and
a hearing, to either discharge the person, order the person confined
to a treatment facility, or continue the person on outpatient
status.  The community program director or designee would be required
to furnish a report and recommendation to the court and the parties.
  Upon receipt by the court of a related specified report that
recommends confinement or continued outpatient treatment, the court
shall direct that person's prior defense counsel to meet and confer
with that person to explain the recommendation contained therein. The
bill would also direct the court to appoint new counsel for this
purpose, if necessary.  The bill would provide that after this
meeting, both defense counsel and the person on outpatient status
shall sign a specified form concerning the person's decision whether
to challenge the recommendation and proceed to a jury trial, which
shall be returned to the court at least 10 days prior to the
described hearing.  The bill would also provide for the person's
counsel to sign the form on his or her behalf if he or she refuses or
is unable to do so, as specified.  The bill would require that a
jury trial be set for hearing within 60 days of the initial hearing
if the person either requests a jury trial or fails to waive his or
her right to a jury trial. This bill would also provide that its
provisions not be construed to extend the maximum period of parole of
a mentally disordered offender.  By expanding the grounds for
release from commitment to a treatment facility, this bill would
increase the duties of local officials and would impose a
state-mandated local program.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1600.5 of the Penal Code is amended to read:
   1600.5.  For a person committed as a mentally disordered sex
offender under former Section 6316 or 6316.2 of the Welfare and
Institutions Code, or committed pursuant to Section 1026 or 1026.5,
or committed pursuant to Section 2972, who is placed on outpatient
status under the provisions of this title, time spent on outpatient
status, except when placed in a locked facility at the direction of
the outpatient supervisor, shall not count as actual custody and
shall not be credited toward the person's maximum term of  commitment
or toward the person's term of extended commitment.  Nothing in this
section shall be construed to extend the maximum period of parole of
a mentally disordered offender.
  SEC. 2.  Section 1607 of the Penal Code is amended to read:
   1607.  If the outpatient supervisor is of the opinion that the
person has regained competence to stand trial, or is no longer
insane, is no longer a mentally disordered offender, or is no longer
a mentally disordered sex offender, the community program director
shall submit his or her opinion  to the medical director of the state
hospital, where appropriate, and to the court which shall calendar
the case for further proceedings under the provisions of Section
1372, 1026.2, or 2972 of this code or Section 6325 of the Welfare and
Institutions Code.
  SEC. 3.  Section 2972 of the Penal Code is amended to read:
   2972.  (a) The court shall conduct a hearing on the petition under
Section 2970 for continued treatment.  The court shall advise the
person of his or her right to be represented by an attorney and of
the right to a jury trial.  The attorney for the person shall be
given a copy of the petition, and any supporting documents.  The
hearing shall  be a civil hearing, however, in order to reduce costs
the rules of criminal discovery, as well as civil discovery, shall be
applicable.
   The standard of proof under this section shall be proof beyond a
reasonable doubt, and if the trial is by jury, the jury shall be
unanimous in its verdict.  The trial shall be by jury unless waived
by both the person and the district attorney.  The trial shall
commence no later than 30 calendar days prior to the time the person
would otherwise have been released, unless the time is waived by the
person or unless good cause is shown.
   (b) The people shall be represented by the district attorney.  If
the person is indigent, the county public defender shall be
appointed.
   (c) If the court or jury finds that the patient has a severe
mental disorder, that the patient's severe mental disorder is not in
remission or cannot be kept in remission without treatment, and that
by reason of his or her severe mental disorder, the patient
represents a substantial danger of physical harm to others, the court
shall order the patient recommitted to the facility in which the
patient was confined at the time the petition was filed, or
recommitted to the outpatient program in which he or she was being
treated at the time the petition was filed, or committed to the State
Department of Mental Health if the person was in prison.  The
commitment shall be for a period of one year from the date of
termination of parole or a previous commitment or the scheduled date
of release from prison as specified in Section 2970.  Time spent on
outpatient status, except when placed in a locked facility at the
direction of the outpatient supervisor, shall not count as actual
custody and shall not be credited toward the person's maximum term of
commitment or toward the person's term of extended commitment.
   (d) A person shall be released on outpatient status if the
committing court finds that there is reasonable cause to believe that
the committed person can be safely and effectively treated on an
outpatient basis.  Except as provided in this subdivision, the
provisions of Title 15 (commencing with Section 1600) of Part 2,
shall apply to persons placed on outpatient status pursuant to this
paragraph.  The standard for revocation under Section 1609 shall be
that the person cannot be safely and effectively treated on an
outpatient basis.
   (e) Prior to the termination of a commitment under this section, a
petition for recommitment may be filed to determine whether the
patient's severe mental disorder is not in remission or cannot be
kept in remission without treatment, and whether by reason of his or
her severe mental disorder, the patient represents a substantial
danger of physical harm to others.  The recommitment proceeding shall
be conducted in accordance with the provisions of this section.
   (f) Any commitment under this article places an affirmative
obligation on the treatment facility to provide treatment for the
underlying causes of the person's mental disorder.
   (g) Except as provided in this subdivision, the person committed
shall be considered to be an involuntary mental health patient and he
or she shall be entitled to those rights set forth in Article 7
(commencing with Section 5325) of Chapter 2 of Part 1 of Division 5
of the Welfare and Institutions Code.  Commencing January 1, 1986,
the State Department of Mental Health may adopt regulations to modify
those rights as is necessary in order to provide for the reasonable
security of the inpatient facility in which the patient is being
held.  This subdivision and the regulations adopted pursuant thereto
shall become operative on January 1, 1987, except that regulations
may be adopted prior to that date.
  SEC. 4.  Section 2972.1 is added to the Penal Code, to read:
   2972.1.  (a) Outpatient status for persons committed pursuant to
Section 2972 shall be for a period not to exceed one year.  Pursuant
to Section 1606, at the end of a period of outpatient status approved
by the court, the court shall, after actual notice to the
prosecutor, the defense attorney, the community program director or a
designee, the medical director of the facility that is treating the
person, and the person on outpatient status, and after a hearing in
court, either discharge the person from commitment under appropriate
provisions of law, order the person confined to a treatment facility,
or renew its approval of outpatient status.
   (b) Prior to the hearing described in subdivision (a), the
community program director or a designee shall furnish a report and
recommendation to the court, the prosecution, the defense attorney,
the medical director of the facility that is treating the person, and
the person on outpatient status.  If the recommendation is that the
person continue on outpatient status or be confined to a treatment
facility, the report shall also contain a statement that conforms
with requirements of subdivision (c).
   (c) (1) Upon receipt of a report prepared pursuant to Section 1606
that recommends confinement or continued outpatient treatment, the
court shall direct prior defense counsel, or, if necessary, appoint
new defense counsel, to meet and confer with the person who is on
outpatient status and explain the recommendation contained therein.
Following this meeting, both defense counsel and the person on
outpatient status shall sign and return to the court a form which
shall read as follows:
"Check One:
"____ I do not believe that I need further treatment and I demand a
jury trial to decide this question.
"___ I accept the recommendation that I continue treatment."

   (2) The signed form shall be returned to the court at least 10
days prior to the hearing described in subdivision (a).  If the
person on outpatient status refuses or is unable to sign the form,
his or her counsel shall indicate, in writing, that the form and the
report prepared pursuant to Section 1606 were explained to the person
and the person refused or was unable to sign the form.
   (d) If the person on outpatient status either requests a jury
trial or fails to waive his or her right to a jury trial, a jury
trial meeting all of the requirements of Section 2972 shall be set
within 60 days of the initial hearing.
   (e) The trier of fact, or the court if trial is waived, shall
determine whether or not the requirements of subdivisions (c) and (d)
of Section 2972 have been met.  The court shall then make an
appropriate disposition under subdivision (a) of this section.
   (f) The court shall notify the community program director or a
designee, the person on outpatient status, and the medical director
or person in charge of the facility providing treatment of the person
whether or not the person was found suitable for release.
  SEC. 5.  Nothing in this act shall be construed to extend the
maximum period of parole of a mentally disordered offender.
  SEC. 6.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.

